1999 No. 1090

SEEDS

The Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999

Made

Laid before Parliament

Coming into force

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 16(1), (1A)(e) and (8) and 36 of the Plant Varieties and Seeds Act 19641, as extended to Northern Ireland2, after consultation with representatives of such interests as appear to them to be concerned in accordance with section 16(1) of that Act, hereby make the following Regulations:

Title and commencement1

These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 and shall come into force on 30th April 1999.

Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 19942

For the Schedules to the Seeds (National Lists of Varieties) (Fees) Regulations 19943 there shall be substituted the Schedules set out in the Schedule to these Regulations.

Jeff RookerParliamentary Secretary, Ministry of Agriculture, Fisheries and Food
SewelParliamentary Under Secretary of State, Scottish Office

Signed by authority of the Secretary of State for Wales

Peter HainParliamentary Under Secretary of State, Welsh Office
Paul MurphySecretary of State, Northern Ireland Office

SCHEDULESCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (NATIONAL LISTS OF VARIETIES) (FEES) REGULATIONS 1994

Regulation 2

SCHEDULE 1FEES PAYABLE ON AN APPLICATION FOR ENTRY OF A PLANT VARIETY IN A NATIONAL LIST

Regulation 3(1)(a)

Amount

Plant Variety

New Fee

Old Fee

£

£(*)

1

Any variety

275

(260)

(*)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

SCHEDULE 2FEES PAYABLE IN RESPECT OF TESTS FOR DISTINCTNESS, UNIFORMITY AND STABILITY OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST

Regulation 3(1)(b)

Amount

Plant Variety

New Fee

Old Fee

£

£(*)

1

A cereal (excluding maize) variety

745

(710)

2

A maize variety

455

(435)

3

A potato variety

695

(660)

4

A beetroot, Brussels sprout, cabbage, carrot, celery, curly kale, leek, onion, radish, turnip or fodder variety

645

(615)

5

A field pea, vegetable pea, field bean or broad bean variety

555

(530)

6

A herbage variety

455

(435)

7

An oil and fibre (including oilseed rape) variety

455

(435)

8

A sugar beet or fodder beet variety

180

(170)

9

Any other variety

230

(220)

(*)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

SCHEDULE 3FEES PAYABLE IN RESPECT OF TRIALS FOR VALUE FOR CULTIVATION AND USE OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR ENTRY IN A NATIONAL LIST

Regulation 3(1)(c)

Amount

Plant Variety

New Fee

Old Fee

£

£(*)

1

A maize variety

535

(510)

2

A potato variety

945

(900)

3

A ryegrass, timothy or white clover variety

380

(360)

4

A field pea variety

770

(735)

5

A flax or linseed variety

360

(345)

6

A sugar beet variety

415

(395)

7

A festulolium variety

380

(360)

8

A wheat (excluding durum wheat and spelt wheat), barley or oat variety

1,220

(1,160)

9

A field bean variety

355

(340)

10

A spring oilseed rape variety

760

(725)

11

A winter oilseed rape variety

800

(760)

(*)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

SCHEDULE 4RENEWAL FEES

Regulation 3(1)(d)

Amount

Plant Variety

New Fee

Old Fee

£

£(*)

1

A vegetable variety (excluding a vegetable pea or broad bean variety)

170

(160)

2

Any other variety (including a vegetable pea or broad bean variety)

275

(260)

(*)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

SCHEDULE 5FEES PAYABLE IN RESPECT OF OTHER MATTERS

Regulation 3(1)(e)

Amount

Matter

When payable

New Fee

Old Fee

£

£(*)

1

Application for the substitution of a name in a National List

On making the application

30

(30)

2

Making written representations to the Ministers

On delivering the representations

30

(30)

3

Attending to be heard by a person appointed by the Ministers

Before the hearing

60

(55)

4

Purchase of a report from a testing authority in another country

Within 14 days of demand by the Minister

160

(150)

5

Observation plot-trials for value for cultivation and use

Within 14 days of demand by the Minister

135

(130)

6

Entry in a National List

Before entry in a National List

120

(115)

(*)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1999 (S.I. 1999/1090) on 30th April 1999.

(This note is not part of the Regulations)

These Regulations amend the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (as amended) so as to prescribe revised fees in respect of matters arising under the Seeds (National Lists of Varieties) Regulations 1982 (as amended) (regulation 2 and the Schedule).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

Application, test, trial and renewal fees have been increased by 5 per cent., rounded to the nearest £5. The fees in Schedule 5 have been similarly increased apart from the fees for an application for the substitution of a name in a National List and for making written representations to the Ministers which remain unchanged.

A Regulatory Impact Assessment has been prepared and placed in the library of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.